As raízes históricas da política criminal na legislação e nas práticas de atendimento ao adolescente em conflito com a lei

This thesis investigates the historical influence of the criminal policy in the context that shapes the first specific law for children and adolescents in Brazil, the 1927 Children's Code, a standard that inaugurates the conceptual scission between children and "minor" and their different treatment by the State. The study addresses the demand for order in the context of changes in the working world in the transition from the slave system to the capitalist mode of production, and the corresponding disciplinary and punitive control mechanisms directed to the segment of childhood and adolescence. The theoretical route proposes a questioning of the political construction of law and justice, as well as the conformation of the punitive techniques, and the construction of the stereotype of the "delinquent", prime target of the criminal policy, focusing on the process of criminalization of the segment in question through the confrontation of the Critical perspective with the approaches of Classical and Positive schools. This research shows the imposition of a bourgeois morality that obscures the social conflict attributing it to people isolated by the criminalization of their conduct; and points out that the historical forms of selective social control were greatly influenced by psychiatry and psychology, either by the elaboration of the image of the "delinquent" or by the expected performance of custodial institutions. Finally, the developments and the permanence of the historical roots of the criminal policy are problematized, relating them to the difficulties currently encountered in the consolidation of the legal garantism paradigm proposed by the Children and Adolescent Statute.

As raízes históricas da política criminal na legislação e nas práticas de atendimento ao adolescente em conflito com a lei

This thesis investigates the historical influence of the criminal policy in the context that shapes the first specific law for children and adolescents in Brazil, the 1927 Children's Code, a standard that inaugurates the conceptual scission between children and "minor" and their different treatment by the State. The study addresses the demand for order in the context of changes in the working world in the transition from the slave system to the capitalist mode of production, and the corresponding disciplinary and punitive control mechanisms directed to the segment of childhood and adolescence. The theoretical route proposes a questioning of the political construction of law and justice, as well as the conformation of the punitive techniques, and the construction of the stereotype of the "delinquent", prime target of the criminal policy, focusing on the process of criminalization of the segment in question through the confrontation of the Critical perspective with the approaches of Classical and Positive schools. This research shows the imposition of a bourgeois morality that obscures the social conflict attributing it to people isolated by the criminalization of their conduct; and points out that the historical forms of selective social control were greatly influenced by psychiatry and psychology, either by the elaboration of the image of the "delinquent" or by the expected performance of custodial institutions. Finally, the developments and the permanence of the historical roots of the criminal policy are problematized, relating them to the difficulties currently encountered in the consolidation of the legal garantism paradigm proposed by the Children and Adolescent Statute.

Caractéristiques communes, facteurs de risque et facteurs de protection chez les adolescents auteurs d’abus sexuels

Rapport de stage présenté à la Faculté des Études Supérieures des arts et sciences, Département de criminologie, en vue de l’obtention du grade de Maîtrise (M. Sc.) en criminologie, option intervention

VRAG-R Documentation

The VRAG-R is designed to assess the likelihood of violent or sexual reoffending among male offenders. The data set comprises demographic, criminal history, psychological assessment, and psychiatric information about the offenders gathered from institutional files together with post-release recidivism information. The VRAG-R is a twelve-item actuarial instrument and the scores on these items form part of the data set. Because one of the goals of the VRAG-R development project was to compare the VRAG-R to the VRAG, subjects' VRAG scores are included in this data set. Access to the VRAG-R dataset is restricted. Contact Data Services, Queen's University Library (academic.services@queensu.ca) for access.

Coding Manuals

The VRAG-R is designed to assess the likelihood of violent or sexual reoffending among male offenders. The data set comprises demographic, criminal history, psychological assessment, and psychiatric information about the offenders gathered from institutional files together with post-release recidivism information. The VRAG-R is a twelve-item actuarial instrument and the scores on these items form part of the data set. Because one of the goals of the VRAG-R development project was to compare the VRAG-R to the VRAG, subjects' VRAG scores are included in this data set. Access to the VRAG-R dataset is restricted. Contact Data Services, Queen's University Library (academic.services@queensu.ca) for access.

A Restorative Theory of Criminal Justice

In this project, I defend a restorative theory of criminal justice. I argue that the response to criminal wrongdoing in a just society should take the form of an attempt to heal the damage done to the community resulting from crime. I argue that the moral responsibilities of wrongdoers as wrongdoers ought to provide the framework for how a just society should respond to crime. Following the work of R.A. Duff, I argue that wrongdoers incur second-order duties of moral recognition. Wrongdoers owe it to others to recognize their wrongdoing for what it is, i.e. wrongdoing, and to shoulder certain burdens in order to express their repentant recognition to others via a meaningful apology. In short, wrongdoers owe it to their victims and others in the community to make amends. What I will deny, however, is the now familiar claim in the restorative justice literature that restoring the normative relationships in the community damaged by criminal forms of wrongdoing requires retributive punishment. In my view, how we choose to express the judgement that wrongdoers are blameworthy should flow from an all things considered judgment that is neither reducible to the judgement that the wrongdoer is culpably responsible for wronging others, nor the judgement that the wrongdoer in some basic sense “deserves to suffer” (or “deserves punishment,” etc.).

Nuevas tendencias de organización criminal y movilidad geográfica. Aproximación geopolítica en clave de inteligencia criminal

El artículo pretende ofrecer una introducción explicativa sobre la tipología de relaciones posibles en el ámbito criminal organizado, los modelos de organización y su movilidad geográfica, a través de la conjunción de las disciplinas de la criminología, la geopolítica y la inteligencia criminal. El estudio persigue un doble objetivo: por un lado, aportar una reflexión que favorezca la apertura de líneas de investigación sobre la diversidad morfológica de las organizaciones criminales, las alianzas forjadas entre ellas, así como su expansión territorial, por otro, maximizar el conocimiento obtenido para apoyar la adopción de decisiones estratégicas, de políticas públicas y la detección de vulnerabilidades explotables para el desarrollo de estrategias de intervención.

Procedural Justice in International Criminal Courts: Assessing Civil Parties’ Perceptions of Justice at the Extraordinary Chambers in the Courts of Cambodia

Procedural justice advocates argue that fair procedures in decision making processes can increase participant satisfaction with legal institutions. Little critical work has been done however to explore the power of such claims in the context of mass violence and international criminal justice. This article critically examines some of the key claims of procedural justice by exploring the perceptions of justice held by victims participating as Civil Parties in the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC has created one of the most inclusive and extensive victim participation regimes within international criminal law. It therefore provides a unique case study to examine some of claims of ‘victim-centred’ transitional justice through a procedural justice lens. It finds that while procedural justice influenced civil parties’ overall perceptions of the Court, outcomes remained of primary importance. It concludes by analysing the possible reasons for this prioritisation.

Desistance from Sexual Offending: A Policy and Research Agenda Whose Time Has Come

For the past three decades or so, criminal justice policies have been enacted under the assumption that individuals who have been convicted of a sex offense are life course persistent sex offenders. In that context, research has been heavily focused on the assessment of risk and the prediction of sexual recidivism.Simultaneously, little to no attention has been given to the majority of individuals convicted of sex offenses who are not arrested or convicted again.Researchers have witnessed a growing gap between scientific knowledge and the sociolegal response to sexual violence and abuse. The current legal landscapecarries important social implications and significant life course impact for a growing number of individuals. More recently, theoretical and research breakthroughs in the study of desistance from crime and delinquency have been made that can help shed some light on desistance from sex offending. Desistance research, in the context of sex offending, however, represents serious theoretical, ethical, legal, and methodological challenges. To that end, this article introduces a special issue exploring current themes in desistance research by examining the life course of individuals convicted of a sexual offense while contextualizing their experiences of desistance.